Hitch Passenger Terms of Service

Last Updated: July 4th, 2014

Welcome to Hitch! Please read these Terms of Service (the “Terms”) carefully because they govern your (“you” or “Passenger”) use of Corral Labs, Inc.’s (“Hitch,” “we” or “us”) mobile device application (“App”) and website located at www.takehitch.com (the “Site”) and our platform for obtaining local transportation services (“Rides”) accessible via our App and Site. To make these Terms easier to read, the Site, the App and our platform and services are collectively called the “Services.”

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or App, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

FOR THE AVOIDANCE OF DOUBT, HITCH DOES NOT PROVIDE TRANSPORTATION SERVICES, AND HITCH IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE REQUESTED BY A PASSENGER THORUGH THE USE OF THE SERVICES. ANY DECISION BY A PASSENGER TO ACCEPT TRANSPORTATION ONCE SUCH PASSENGER IS MATCHED THROUGH THE SERVICES WITH A DRIVER IS A DECISION MADE IN SUCH PASSENGER’S SOLE DISCRETION. HITCH OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND PASSENGERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY PASSENGER BY ANY DRIVER USING THE SERVICES.

Who May Use the Services

Eligibility

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Hitch and are not barred from using the Services under applicable law.

Registration and Your Information

If you want to access and use the Services, you’ll have to create an account (“Account”). You can do this via the App through your account with Facebook (your “SNS Account”). We’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

The Services

Through the Services, we provide a platform that allows you to schedule Rides provided by individuals registered with Hitch to provide Rides (each, a “Driver”), including the ability to:

Post a profile;

Schedule Rides;

Communicate with, contract with, pay and rate (and get rated by) other Passengers and Drivers and provide feedback to Drivers.

You may reserve a Ride by providing the necessary descriptive information for the desired Ride through the App, including (i) the pick-up and drop-off locations, and (ii) the number of passengers in your party (collectively, the “Ride Description”). You will also be presented with a quote for the applicable Ride Fee (as defined below) before you confirm your reservation. Through the Services, upon submitting a Ride Description and requesting such Ride to be scheduled, a Driver will be contacted to provide your requested Ride. You will have the ability to cancel such Ride for a reasonable period of time after you’ve booked your reservation (the “Cancellation Period”). Hitch reserves the right to charge you with a cancellation fee if you cancel your Ride reservation after the Cancellation Period expires. You acknowledge and agree that other Passengers may also be in the Driver’s vehicle obtaining Rides, or may be picked up and dropped off by your Driver, while your Ride is being provided. If there are other Passengers in your Driver’s vehicle prior to your pick-up time who will be present during your Ride, you will be provided certain information about such Passenger(s) before you confirm your Ride reservation.

The provision of Rides involves a direct contractual relationship between you and a Driver, and Passengers and Drivers agree that they will contract directly with one another for the provision of Rides. You acknowledge and agree that this contractual relationship is formed when a Driver agrees to provide your Ride through the Services. In such an instance, the Passenger agrees to pay for (subject to Passenger’s right to cancel such Ride during the Cancellation Period), and the Driver agrees to perform, the Ride in accordance with the following terms and agreements: (1) these Terms and the Driver Terms of Service available at takehitch.com/driverterms; (2) the Ride Description, and (3) the Ride Fee (as further described in “Payment Terms” below) (collectively, a “Ride Contract”). You also agree with, and that each of your Ride Contracts will include, the following terms:

Driver shall perform Rides for Passengers in a timely, professional and workman like manner, in accordance with the applicable Ride Description.

Upon the completion of the Ride, Passenger is responsible for and shall pay the applicable Ride Fee. The Hitch Services Fee will be deducted from the Ride Fee and the balance will be remitted to Driver as Driver’s payment for provision of the Ride. Driver will not receive any payment until Passenger pays the Ride Fee and Passenger remains responsible for all applicable Ride Fees.

Passenger will not interfere with Driver’s performance of other Rides for other Passengers.

Driver and Passenger acknowledge that Hitch does not, in any way, direct or control Driver’s provision of Rides to Passengers.

Passenger and Driver agree to indemnify, hold harmless and defend Hitch from any and all claims arising out of or related to their Ride Contract, including but not limited to claims arising out of the provision of Rides by Driver to Passenger.

Hitch offers a technology platform to provide the Services and is not involved in the provision of Rides. Hitch’s sole responsibility with respect to Ride Contracts is limited to (i) facilitating the availability of the Services, and (ii) serving as the limited authorized agent of the Drivers for the purpose of accepting payments from Passengers on behalf of the Drivers and transmitting such payments to the Drivers as described below. As stated more fully below, Hitch is not the employer of the Drivers.

Hitch provides excess liability insurance up to $1,000,000 per occurrence covering Passengers and Drivers during Rides. However, Drivers are otherwise responsible for insurance for the vehicles they use to provide Rides. As with any automobile insurance policy, additional insurance terms, limitations and exclusions apply.

Payment Terms

You agree to pay, and authorize Hitch’s third party payment processor to charge via the credit card or third party payment processing account on file in your Account (your “Payment Method”) for all applicable fees and taxes that may accrue in relation to your use of the Services and Ride Contracts.

Ride Fees

You will be charged a fee by your Driver for each Ride completed by your Driver (“Ride Fee”). Ride Fees vary based on the particular Ride in question and the number of individuals in Passenger’s party. When scheduling a Ride through the App, you will be provided a quote of the applicable Ride Fee before you confirm your reservation.

In consideration for their access to the Services, Drivers authorize Hitch to retain a percentage of Ride Fees (“Hitch Services Fee”). When a Ride is completed, the Ride Fee for such Ride will be automatically charged to your Payment Method and processed by Hitch’s third party payment processor. However, if your Hitch Account is credited with funds to be used for Ride Fees (“Account Credit”), Hitch will deduct the applicable Ride Fee from your Account Credit and pass on the Ride Fee directly to the Driver on your behalf, after applicable deduction of the Hitch Services Fee. If your Account Credit is not sufficient to cover the Ride Fee, Hitch will first deduct your available Account Credit before the remaining amount is charged to your Payment Method. With the exception of the Hitch Services Fee, the Account Credit or funds collected by Hitch’s third party payment processor do not belong to Hitch. Immediately following Hitch’s third party payment processor’s receipt of the Ride Fee, Hitch’s third party payment processor will remit to the Driver the applicable Ride Fee less the Hitch Services Fee, and funds will only be passed on to Drivers after payment has been collected from you. You acknowledge and agree that in all cases Hitch acts as the Driver’s payment agent for the limited purpose of accepting payments from you on behalf of the Driver.

You acknowledge and agree that Hitch may, and authorize Hitch to, charge your Payment Method up to $250 on a per-Ride basis for any damages incurred by your Driver that were caused by you during a Ride, as determined in Hitch’s sole discretion.

You are responsible for providing complete and accurate Payment Method and contact information to us. We may suspend or terminate your access to the Services if a Ride Fee is 30 days past due. All fees and payments are non-refundable and non-transferable except as expressly provided in these Terms. All amounts referred to in these Terms, including those set forth through the Services, are stated in U.S. dollars and do not include any taxes. You will be responsible for the payment of any taxes applicable to any payments made hereunder, except taxes based on Hitch’s income or the income of the Drivers. Hitch has no obligation to provide refunds or credits relating to any Rides, but may do so in Hitch’s sole discretion.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us as support@takehitch.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Privacy Policy

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Passengers (including you) or Drivers provide to be made available through the Services. Content includes without limitation User Content.

Content Ownership, Responsibility and Removal

Hitch does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Hitch and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

Rights in User Content Granted by You

By making any User Content available through the Services, you hereby grant to Hitch a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Passengers and Drivers.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Hitch or Drivers or Passengers on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Hitch

Subject to your compliance with these Terms, Hitch grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Rights and Terms for Apps

Rights in App Granted by Hitch

Subject to your compliance with these Terms, Hitch grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install copies of the App on mobile devices that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Hitch reserves all rights in and to the App not expressly granted to you under these Terms.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:

These Terms are concluded between you and Hitch, and not with App Provider, and that, as between Hitch and the App Provider, Hitch is solely responsible for the App.

App Provider has no obligation to furnish any maintenance and support services with respect to the App.

In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Hitch.

App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Hitch will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim solely to the extent required by these Terms.

App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.

You must also comply with all applicable third-party terms of service when using the App.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

General Prohibitions and Hitch’s Enforcement Rights

You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content, or otherwise conduct yourself in connection with obtaining Rides in a way, that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give Hitch to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the Services, or any individual element within the Services, Hitch’s name, any Hitch trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the Site or in the App, without Hitch’s express written consent;

Access, tamper with, or use non-public areas of the Services, Hitch’s computer systems, or the technical delivery systems of Hitch’s providers;

Attempt to probe, scan, or test the vulnerability of any Hitch system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Hitch or any of Hitch’s providers or any other third party (including another user) to protect the Services or Content;

Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Hitch or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a Hitch trademark, logo URL or product name without Hitch’s express written consent;

Use the Services or Content for any commercial purpose or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate or suspend your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time via your Account settings in the App. Upon any termination, discontinuation or cancellation of Services or your Account, the following sections will survive: ”Payment Terms,” “Content Ownership, Responsibility and Removal,” “Termination,” “Warranty Disclaimers,” “Indemnity,” “Limitation of Liability,” “Dispute Resolution” and “General Terms.”

Nature of Driver Relationship

Drivers are not employees of Hitch and nothing in these Terms will be construed as establishing an employment or agency relationship between Drivers and Hitch. Drivers have no authority to bind Hitch by contract or otherwise. Drivers will determine, in their sole discretion, the manner and means by which Rides are provided and performed, subject to the requirement that they will at all times comply with applicable law, applicable Driver Terms and the terms of the applicable Ride Contracts.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

HITCH CONDUCTS BACKGROUND CHECKS INCLUDING CRIMINAL AND MOTOR VEHICLE BACKGROUND CHECKS ALONG WITH A REVIEW OF OTHER RELEVANT BACKGROUND INFORMATION ON ITS DRIVERS. FURTHER, ONLY DRIVERS WHO SUCCESSFULLY COMPLETE HITCH’S SCREENING PROCESS, AS DETERMINED IN HITCH’S DISCRETION, WILL BE ALLOWED TO USE THE SERVICES TO PROVIDE RIDES. HITCH ENDEAVORS TO ENSURE POSITIVE INTERACTIONS BETWEEN YOU AND YOUR DRIVERS AND FELLOW PASSENGERS, AND WORKS HARD TO ENSURE AN OPTIMAL, COMFORTABLE AND SAFE EXPERIENCE; HOWEVER, OUR DRIVERS AND OTHER PASSENGERS ARE HUMAN BEINGS, AND NO ONE IS PERFECT. HITCH DOES NOT CONTROL, AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, OR ACCURACY OF, THE DRIVERS’ PROVISION OR PERFORMANCE OF RIDES OR THE CONDITION OF THE VEHICLES IN WHICH RIDES ARE PERFORMED, AND MAKES NO REPRESENTATIONS ABOUT OTHER PASSENGERS WHO MAY BE PRESENT DURING YOUR RIDES. THE PROVISION AND QUALITY OF RIDES REQUESTED THROUGH THE USE OF THE SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE APPLICABLE DRIVER. HITCH MAKES NO WARRANTY, AND UNDER NO CIRCUMSTANCE ACCEPTS LIABILITY IN CONNECTION WITH AND/OR ARISING FROM, DRIVER’S PROVISION OF RIDES, THE CONDITION OF THE VEHICLES IN WHICH RIDES ARE PERFORMED, ANY ACTS, ACTION, BEHAVIOR, CONDUCT, AND/OR NEGLIGENCE ON THE PART OF THE DRIVER OR OTHER PASSENGERS PARTICIPATING IN YOUR RIDES, OR ANY LOSS OF OR DAMAGE TO YOUR PROPERTY DURING OR AFTER A RIDE.

Assumption of Risk and Indemnity

YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY HITCH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE SERVICES OR CONTENT OR YOUR USER CONTENT (II) RIDE CONTRACTS OR YOUR RECEIPT OF RIDES INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM THE PROVISION OF RIDES OR PARTICIPANTS THEREIN, OR (III) VIOLATION OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.

Limitation of Liability

NEITHER HITCH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HITCH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

HITCH WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY THAT ARISES OUT OF OR RELATES TO DRIVER’S PROVISION OF RIDES OR ANY RIDE CONTRACT OR ANY DISPUTE, CONTROVERSY OR CLAIM THAT ARISES OUT OF OR RELATES TO DRIVER’S OR OTHER PASSENGERS’ ACTIONS OR INACTIONS, DRIVER’S PROVISION OF RIDES OR ANY RIDE CONTRACT.

IN NO EVENT WILL HITCH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED $1000.

THE LIMITATION OF LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN HITCH AND YOU.

Dispute Resolution

Between You and Another User

Because Hitch is not involved in the provision of Rides, in the event that you have a dispute with one or more other Passengers or Drivers, as applicable (each, an “Other Party”), you agree to address such dispute directly with the Other Party in question. You release Hitch (and our officers, directors, agents, investors, subsidiaries, and employees) (collectively “Releasees”) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If such a dispute arises, Hitch may, in its sole discretion, facilitate communication between you and the Other Party in connection with such dispute. If such a dispute is unable to be resolved between you and the Other Party, Hitch may, in its sole discretion, and where feasible, intervene in such dispute and take any actions we deem appropriate.

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and Hitch agree that any dispute, claim or controversy between you and Hitch arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Hitch are each waiving the right to a trial by jury or to participate as a plaintiff or class Passenger in any purported class action or representative proceeding. Further, unless both you and Hitch otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Hitch otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Hitch submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Hitch will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Hitch will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Hitch changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@takehitch.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Hitch’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Hitch in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Hitch and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Hitch and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Hitch’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Hitch may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Hitch under these Terms, including those regarding modifications to these Terms, will be given: by Hitch (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Hitch’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hitch. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.